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How to calculate the amount of economic compensation when the company cancels the labor contract after maternity leave?

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How to calculate the amount of economic compensation when the company cancels the labor contract after maternity leave?


        

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  • 2024-06-14 18:00:02

    The calculation method of economic compensation is the average salary of the worker for 12 months before the contract is terminated, multiplied by twice the length of service of the worker, that is, twice the economic compensation. After the maternity leave, the female employee is still nursing. According to Articles 42 and 45 of the Labor Contract Law, if the employee does not have the legal fault specified in Items (2) to (6) of Article 39 of the Labor Contract Law, the company may not terminate the contract. If the labor contract expires, it shall be postponed to the expiration of lactation. If the laborer proposes to terminate the labor relationship according to Article 38 of the Labor Contract Law, the employer should pay the laborer economic compensation, that is, twice as much. For reasons other than Article 38 of the Labor Contract Law, the laborer proposes to terminate without economic compensation. Only if the employer dissolves or terminates the labor contract in violation of the provisions of the Labor Contract Law, it will pay compensation to the worker at twice the economic compensation standard. Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to workers according to the number of years they have worked in the unit and the standard of one month's salary for each full year. If it is more than six months but less than one year, it shall be counted as one year; If the period is less than six months, the employee shall be paid economic compensation of half a month's salary. If the monthly salary of a worker is three times higher than the average monthly salary of the employees in the previous year published by the people's government of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation paid to the worker shall be three times the average monthly salary of the employees, and the maximum period of economic compensation paid to the worker shall not exceed 12 years. The monthly wage mentioned in this article refers to the average wage of the laborer for the twelve months prior to the dissolution or termination of the labor contract. When the labor contract is dissolved or terminated and the employer pays economic compensation according to law, it involves how to calculate the economic compensation. The general model for calculating economic compensation is: length of service × economic compensation due for each year of work. The Labor Contract Law and relevant national regulations clearly stipulate the working years and economic compensation standards. What are the legal circumstances under which workers can receive economic compensation?
    "If the employer cancels or terminates the labor contract in violation of the provisions of this Law," it shall pay economic compensation to the worker. Specifically, there are the following situations. The first is that the unit terminates the labor contract before the expiration of the term of the labor contract, which is often referred to as dismissal; If the term of the labor contract signed by both parties is five years, and the company will dismiss employees in the third year, then it is necessary to pay economic compensation. The second kind: those who suffer from occupational diseases or work-related injuries and are confirmed to have lost or partially lost their ability to work; If a worker is diagnosed with an occupational disease, the unit cannot terminate the labor contract. Once the contract is terminated, economic compensation will be paid, especially if the worker suffers from an occupational disease. If it is just an ordinary disease, the unit can still be relieved normally after the medical treatment expires. The third kind: female workers in pregnancy, childbirth, lactation period; This is a special protection for female employees. At this time, no matter whether the term of the labor contract has expired or not, as long as the labor contract is terminated during this period, the unit will pay economic compensation. Fourth, the laborer falls ill or suffers non work related injuries within the prescribed medical treatment period; In this case, as long as the laborer is in the medical treatment period, no matter whether the term of the labor contract expires or not, the unit cannot unilaterally terminate the contract, or it will pay economic compensation. The above is about the termination of the labor contract after maternity leave. How to calculate the amount of economic compensation? Have you learned the knowledge of law?

    s***

    2024-06-14 18:00:02

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